The Board of Disciplinary Appeals (appointed by the Texas Supreme Court) has upheld a state licensing board’s decision to disbar former prosecutor Charles Sebesta for his role in convicting an innocent man. Anthony Graves spent 18 years on death row for setting a fire that killed six people. Sebesta’s conduct was shocking but remains a relatively rare example of prosecutors being held accountable in such cases of prosecutorial abuse.
Sebesta had convicted Robert Carter for the murders and tried to get Carter to say Graves was an accomplice. However, just a day before the trial, Carter told Sebesta he acted alone and Graves was not involved. Sebesta withheld the information from the defense and presented false testimony implicating Graves. Sebesta also blocked an alibi witness by telling the court that the witness was a suspect in the murders and could be indicted. The witness then refused to testify.
After his conviction was reversed, a special prosecutor found in 2010 that there was no credible evidence that Graves was involved in the murders.